Free Motion for Miscellaneous Relief - District Court of Colorado - Colorado

Case 1:00-cv-02325-MSK-MEH

Document 299

Filed 02/24/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 00-cv-2325-MSK-MEH SIERRA CLUB and MINERAL POLICY CENTER, Plaintiffs, vs. CRIPPLE CREEK AND VICTOR GOLD MINING COMPANY, ANGLOGOLD ASHANTI (COLORADO) CORP. ANGLOGOLD ASHANTI NORTH AMERICA INC. and GOLDEN CYCLE GOLD CORPORATION Defendants. and Civil Action No. 01-cv-2307-MSK-MEH SIERRA CLUB and MINERAL POLICY CENTER, Plaintiffs, vs. CRIPPLE CREEK AND VICTOR GOLD MINING COMPANY, et al., ANGLOGOLD ASHANTI (COLORADO) CORP. ANGLOGOLD ASHANTI NORTH AMERICA INC. and GOLDEN CYCLE GOLD CORPORATION Defendants.

PLAINTIFFS' UNOPPOSED MOTION TO RECEIVE AND ADMIT STIPULATED TRIAL EXHIBIT 206 AND TO CORRECT RECORD

Plaintiffs Sierra Club and Mineral Policy Center hereby submit this Unopposed Motion to Receive Stipulated Trial Exhibit 206 and to Correct Record with regard to that trial exhibit. In support, Plaintiffs state the following:

Case 1:00-cv-02325-MSK-MEH

Document 299

Filed 02/24/2006

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1.

A trial in this case was held from February 13-February 22, 2006. The parties to this case stipulated to the admissibility of trial exhibit 206. This fact is confirmed in Exhibit A to the Final Pretrial Order in this case. Stipulated trial exhibit 206 is 68 pages of monthly discharge monitoring reports for Outfall 001A related to the 1996 Arequa Gulch discharge permit CO-0043648 (Exhibit 502). Stipulated trial exhibit 206 is vital to Plaintiffs' proof that Defendants exceeded the effluent limits in the 1996 Permit in claims 8a, 9, and 12 as listed in Court Trial Exhibit 1.

2.

During the course of the trial in this case stipulated trial exhibit 206 was referred to by the parties. However, through inadvertent oversight, stipulated trial exhibit 206 was never formally offered to, or received, by the court, as were the other stipulated trial exhibits.

3.

Accordingly, Plaintiffs hereby formally offer stipulated trial exhibit 206 to the Court and move this Court to formally receive and admit stipulated trial exhibit 206 and to make any related corrections to the trial record in this case. Pursuant to D.C.COLO.LcivR 7.1A, Plaintiffs' counsel has consulted with Defendants' counsel who have stated that Defendants do not oppose this Motion. Given that trial exhibit 206 was listed as a stipulated trial exhibit in the Final Pretrial Order, neither party will be prejudiced by receipt and admission of stipulated trial exhibit 206. An electronic copy of stipulated trial exhibit 206 is attached to this electronic filing. The original paper copy of trial exhibit 206 will submitted to the chambers of Judge Krieger upon request. A proposed Order is also attached hereto. 2

Case 1:00-cv-02325-MSK-MEH

Document 299

Filed 02/24/2006

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DATED this 24th day of February 2006.

Respectfully Submitted, s/ John Barth ___________________ John Barth Attorney at Law P.O. Box 409 Hygiene, CO 80533 (303) 774-8868 [email protected] Jeffrey C. Parsons Roger Flynn Western Mining Action Project 2260 Baseline Road, Suite 101A Boulder, CO 80302 303) 473-9618 Randall M. Weiner, Atty. No. 23871 1942 Broadway, Suite 408 Boulder, Colorado 80302 Tel: 303-938-3773 Fax: 303-442-6622 [email protected]

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Case 1:00-cv-02325-MSK-MEH

Document 299

Filed 02/24/2006

Page 4 of 4

CERTIFICATE OF SERVICE I, the undersigned, hereby certify that a copy of the foregoing Plaintiffs' Unopposed Motion to Receive and Admit Stipulated Trial Exhibit 206 and to Correct Record was filed electronically with the Clerk of the Court on February 24, 2006 and was then forwarded electronically to the following persons via the ECF system: Eugene J. Riordan Vranesh and Raisch P.O. Box 871 Boulder, CO 80306-871 [email protected] Don Sherwood 10861 West 28th Place Denver, CO 80215 [email protected] Robert C. Troyer Hogan and Hartson One Tabor Center 1200 17th Street, Suite 1500 Denver, CO 80202 [email protected] s/ John Barth ____________________ John Barth Craig Carver Carver, Kirchhoff, Schwartz, McNab & Bailey, P.C. Hudson's Bay Centre 1600 Stout Street, Suite 1700 Denver, CO 80215

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